Labour Court Database __________________________________________________________________________________ File Number: CD88165 Case Number: LCR11785 Section / Act: S67 Parties: ANN'S HOT BREAD SHOP - and - IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION |
Claims for:- (a) wages and conditions of employment to be improved to the level of Catering Joint Labour Committee rates. (b) Three workers to receive severance pay of two weeks each. (c) Union dues to be deducted at source.
Recommendation:
5. In view of the circumstances outlined at the hearing, the
Court recommends that the Union re-submit the claim for a wage
increase in September, 1988.
The Court does not recommend concession of the claim in respect of
3 temporary workers and recommends that the Company agree to
deduct Union subscriptions at source.
Division: Ms Owens Mr Shiel Mr Devine
Text of Document__________________________________________________________________
CD88165 RECOMMENDATION NO. LCR11785
INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67
PARTIES: ANN'S HOT BREAD SHOP
AND
IRISH DISTRIBUTIVE AND ADMINISTRATIVE TRADE UNION
SUBJECT:
1. Claims for:-
(a) wages and conditions of employment to be improved to the
level of Catering Joint Labour Committee rates.
(b) Three workers to receive severance pay of two weeks each.
(c) Union dues to be deducted at source.
BACKGROUND:
2. Local level meetings were held in November, 1987 at which the
Union made a number of claims including those set out above. No
progress was made and on 8th January, 1988 the claims were
referred to the conciliation service of the Labour Court. A
conciliation conference was held on 18th February, 1988 at which
settlement could not be reached and the matter was referred to the
Labour Court for investigation and recommendation. The Court
investigated the dispute on 18th March, 1988.
UNION'S ARGUMENTS:
3. 1. The existing rates of pay of the workers ranges from
£52.80 to £98.00 per week. The category of general worker in
the Catering Joint Labour Committee (JLC) carries a rate of
£113.03, and although the J.L.C.'s rates are not applicable in
Dublin the rates and conditions which are generally seen as
minimum figures should be applied to these workers. Although
the Company is experiencing some financial difficulty it is
not unreasonable to expect it to make a commitment to
implement the rates at some agreed stage.
2. Three workers who were dismissed for redundancy reasons
but who did not have sufficient service to qualify for
payments under the legislation should receive some
compensation. The Company made no effort to negotiate with
the Union on the occasion of these workers dismissal. The
workers should each receive two weeks pay, the cost to the
Company of which would be approximately £300.
3. Although wages are prepared by computer the Company has
refused to deduct Union subscriptions. An agreement should be
made for the deduction of union subscriptions by check-off.
COMPANY'S ARGUMENTS:
4. 1. The Bakery Trade is in a difficult position at the moment
(details supplied to the Court). This Company is experiencing
financial problems at present and the Union has been given
access to our accounts to confirm this. The last wage
increase for the workers was for 5% paid in March, 1987 due to
a VAT reduction in restaurants from 25% to 10%, however the
projected savings from this did not accrue due to other VAT
increases. The Company is attempting to get back into a
profitable situation, but in the first two months of 1988
there was a further decline in sales. Wages account for 30%
of sales and the Company cannot increase costs under any
circumstances at present.
2. The workers have a 37½ hour week and the rate for 20 year
olds is £2.19 an hour, (£82.40 a week). The workers have 19
days annual leave and all Bank holidays, they work regular
hours and meals are provided during working hours. The
results of a recent survey by the Irish Independent on Dublin
Restaurants show that in a number of premises which open late
at night and on Sundays pay rates range from £1.51 to £2.00
per hour, equivalent to £60.40 to £80.00 per week (details
supplied to the Court). The rates in this Company are more
than it can afford but are still well above others in the same
area.
3. The Company could not consider making a payment to workers
after three months employment, such payments would set a
dangerous precedent for the future and for the future
employment of any temporary workers. It would not be possible
to add to the already heavy workload by deducting union dues
at source (details supplied to the Court).
RECOMMENDATION:
5. In view of the circumstances outlined at the hearing, the
Court recommends that the Union re-submit the claim for a wage
increase in September, 1988.
The Court does not recommend concession of the claim in respect of
3 temporary workers and recommends that the Company agree to
deduct Union subscriptions at source.
~
Signed on behalf of the Labour Court.
Evelyn Owens
___________________
19th April, 1988
U. M. / M. F. Deputy Chairman.